R v Charles Sion Davison
[2022] EWCA Crim 1549
R v Marvin Samuels
27 July 2023
[2023] EWCA Crim 1103
Court of Appeal
Marvin Samuels was convicted of murder. He tried to appeal, saying new evidence showed he was mentally ill at the time. The court said the new evidence wasn't strong enough to change the guilty verdict, so his appeal failed.
Key Facts
- •Marvin Samuels was convicted in 2013 of murdering Sharlana Diedrick and raping and causing grievous bodily harm with intent to another woman ('V').
- •He received a life sentence with a 33-year minimum term.
- •Samuels applied for an extension of time to appeal his conviction and sentence, and to adduce fresh evidence.
- •The appeal focused on whether Samuels suffered from diminished responsibility due to a mental illness at the time of the murder.
- •Fresh evidence from Dr. Murray suggested paranoid schizophrenia, while Dr. Blackwood maintained a diagnosis of antisocial personality disorder.
- •The trial jury considered evidence from three expert psychiatrists.
Legal Principles
Diminished responsibility defence under the Homicide Act 1957
Homicide Act 1957, s.2
Court of Appeal's power to receive fresh evidence under the Criminal Appeal Act 1968
Criminal Appeal Act 1968, s.23
Outcomes
Application for extension of time refused.
While sympathetic to the applicant's difficulties, the court found the delay in appealing excessive, particularly considering discussions of potential misdiagnosis in 2014-2015.
Application to adduce fresh evidence refused.
The court deemed the fresh evidence largely a reiteration of points already considered at trial, with differing emphasis but not substantially new information. The court also found the fresh evidence did not undermine the jury's verdict, considering the strength of other evidence presented at trial.
Application for leave to appeal against conviction refused.
The court found the fresh evidence insufficient to cast doubt on the safety of the murder conviction.
Application for leave to appeal against sentence falls away.
This application was contingent upon a successful appeal against conviction.